Madras High Court
M/S Royal Sundaram General ... vs S.Karpagam on 27 October, 2021
C.M.A.No.2799 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2799 of 2021
and
C.M.P.No.15961 of 2021
M/s Royal Sundaram General Insurance Company Limited,
Legal Department,
Subramaninam Building,
2nd Floor, No.1, Club House Road,
Anna Salai, Chennai – 600 002. ... Appellant
Vs.
1.S.Karpagam
2.Minor S.Subasree
3.Minor S.Likshika Shree
4.Avilyammal
(Minors 2 and 3 are represented by next friend
and Natural guardian their mother, the first respondent)
5.R.Malu,S/o Ramasamy Devar,
SMT Transport,
No.15, E.B. Road, Trichirapalli-620 008. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis
C.M.A.No.2799 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree made in MCOP No.2418 of
2017 dated 15.10.2020 on the file of the Motor Accident Claims Tribunal, In the
IV Court of Small Causes, Chennai.
For Appellant : Mr.E.Rajadurai for
M/s M.B.Gopalan Associates
For Respondents : Mr.K.Varadha Kamaraj
(for R1 to R4)
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, In the IV Court of Small Causes, Chennai. in MCOP No.2418 of 2017
dated 15.10.2020.
2.This is the case of fatal accident. The case of the claimants is that on
07.02.2017 at 01.15 p.m, the deceased A.Subbiah was riding a motorcycle
bearing Reg.No.TN-55-M-8420 with properly wearing the helmet and when he
was proceeding from east to west near Vembuli Amman Koil Signal, Vanagaram,
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C.M.A.No.2799 of 2021
P.H.Road, Chennai, a lorry bearing Reg.No.TN-34-C-0243 came from the same
direction driven in a rash and negligent manner at a greater high speed without
following the traffic rules in a jig jag manner and the left side body of the lorry hit
the handle bar of the deceased motorcycle. Due to which, the deceased fell down
and the left side outer wheel of the lorry run over the deceased. In the accident,
the deceased sustained head injury and multiple fatal injuries all over the body.
Immediately, he was taken to Government K.M.C Hospital, Kilpauk, Chennai and
he was died on the way to Hospital. The fifth respondent herein is the owner of
the lorry and the appellant is the insurer of the lorry. Alleging that the accident
had taken place due to the rash and negligent driving of the driver of the offending
lorry, the claimants laid a petition, claiming compensation of Rs.30,00,000/-.
3.Resisting the claim, the appellant Insurance Company filed their counter
disputing the manner of accident, age, avocation and income of the deceased and
its liability to pay the compensation. It was also contended that the claim is
excessive and exorbitant.
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C.M.A.No.2799 of 2021
4.To substantiate the case, on the side of the claimants, P.Ws.1 to 3 were
examined and Exs.P1 to Ex.P.13 were marked. On the side of the
appellant/Insurance Company, no witnesses were examined and no document was
marked.
5.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the lorry was responsible for the accident and awarded
compensation of Rs.36,86,000/- to the claimants under the following heads:-
Heads Rs.
Loss of Dependency 15000- 34,56,000/-
1/3=10000+6000
(40%)=16000x12x18
Loss of Estate 15,000/-
Loss of Love and Affection 1,00,000/-
Funeral Expenses 15,000/-
Loss of Consortium 1,00,000/-
Total 36,86,000/-
Assailing the award, the appellant Insurance Company has filed the present
appeal.
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C.M.A.No.2799 of 2021
6.This appeal has been filed only challenging the quantum, hence, the other
issues need not be dealt with herein.
7.The learned counsel for the appellant Insurance Company Mr.E.Rajadurai
would submit that the income and dependency fixed by the Tribunal are excessive
in the absence of any reliable evidence of the occupation and earning of the
deceased. He would further submit that the Tribunal erred in not making proper
deduction for personal expenses of the deceased, which is mandatory. Hence, the
appellant seeks reduction of compensation.
8.Per contra, the learned counsel appearing for the respondents/claimants
Mr.K.Varadha Kamaraj submitted that the impugned Judgment and Decree
awarding the aforesaid compensation is well reasoned and it requires no
interference and therefore, this Civil Miscellaneous Appeal is liable to be
dismissed.
9.We have considered the rival submissions of both the counsels and
perused the materials available on records.
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C.M.A.No.2799 of 2021
10.Perusal of the records reveal that the monthly income of the deceased
was fixed by the Tribunal as Rs.15,000/- only based on the oral evidence of P.W.3,
the employer of the deceased. Besides this, there was no proof to show that the
deceased was receiving a sum of Rs.15,000/- per month. Therefore, considering
the cost of living and prevailing situation, this Court fixes a sum of Rs.14,000/- as
notional income of the deceased. It is also seen that there were four claimants in
the claim petition, but the Tribunal instead of deducting 1/4th has deducted 1/3rd
from the income of the deceased. Hence, after deducting 1/4th, the monthly
income of the deceased would be Rs.10,500/- and by adding 40% towards future
prospects, notional income works out at Rs.14,700/-. By applying multiplier '18',
this Court here awards only Rs.31,75,200/- (14,700 x 12 x 18) towards loss of
dependency. The Tribunal has awarded Rs.1,00,000/- towards loss of love and
affection and Rs.1,00,000/- towards loss of consortium. As per the decision of the
Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd., vs.
Nanu Ram and others reported in 2018(1) TN MAC 452 (SC), the claimants
are entitled to Rs.40,000/- each towards consortium and hence, the amount
awarded by the Tribunal under the head of loss of love and affection and the loss
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C.M.A.No.2799 of 2021
of consortium are set aside. Instead, this Court awards Rs.40,000/- each towards
consortium, which comes to Rs.1,60,000/-. The amount awarded for loss of estate
and for funeral expenses are confirmed. Accordingly, the compensation awarded
by the Tribunal to the appellants is re-quantified as follows:-
Heads Rs.
Loss of dependency 14700x12x18 31,75,200/-
Loss of consortium (40000 x 4) 1,60,000/-
Funeral expenses 15,000/-
Loss of Estate 15,000/-
Total 33,65,200/-
Rounded Off 33,65,000/-
11.In such view of the matter, this Civil Miscellaneous Appeal is partly
allowed. The appellant/Insurance Company is directed to deposit the modified
award amount with accrued interest and costs, less the amount already deposited,
if any, within a period of eight weeks from the date of receipt of a copy of this
order. On such deposit, the first claimant/wife of the deceased is entitled to
withdraw a sum of Rs.15,65,000/-; the second and third claimants/daughters of
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C.M.A.No.2799 of 2021
the deceased are entitled for a sum of Rs.7,00,000/- each; the fourth
appellant/mother of the deceased is entitled to withdraw a sum of Rs.4,00,000/-
together with proportionate interest and costs. The major claimants are permitted
to withdraw their share after filing a memo, along with a copy of this order, less
the amount if already withdrawn. Further, the Tribunal is directed to deposit the
share of the minor claimants in any one of the nationalised banks, as fixed deposit
under the Cumulative Deposit Scheme, till the minors attain the age of major and
the first claimant, who is the guardian of the minor claimants, is permitted to
withdraw interest once in three months directly from the bank. No costs.
Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
27.10.2021
skn
Intex : Yes/No
Internet : Yes/No
To
https://www.mhc.tn.gov.in/judis
C.M.A.No.2799 of 2021
1.The Motor Accident Claims Tribunal,
In the IV Court of Small Causes, Chennai.
2.V.R.Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2799 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2799 of 2021
and
C.M.P.No.15961 of 2021
27.10.2021
https://www.mhc.tn.gov.in/judis
